NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5814 of 2023

1 - Mrs. Bharti Sahu W/o Mr. Bhoopendra Kumar Sahu Aged About 40 Years Post Teacher Local Body, Posted At Govt. Upper Primary School Sode, Block Antagarh, District Uttar Bastar Kanker (C.G.)

Digitally VISHAKHA signed by BEOHAR VISHAKHA BEOHAR

2 - Mrs. Binda Gavarna W/o Mr. Devanand Gavarna Aged About 34 Years Post Teacher Local Body, Posted At Govt. Kasturba Gandhi Balika Vidyalaya, Block Antagarh, District Uttar Bastar Kanker (C.G.)

... Petitioner(s)

versus

1 - The State Of Chhattisgarh Through Secretary, School Education Department Mantralaya, Mahanadi Bhawan Naya Raipur, District Raipur (C.G.)

2 - Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan Naya Raipur, District Raipur (C.G.) 3 - Director Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan Naya Raipur, District Raipur (C.G.) 4 - Joint Director Education, Bastar Division, Bastar, Jagdalpur (C.G.)

5 - District Education Officer District Uttar Bastar Kanker (C.G.)

... Respondents (Cause-title taken from the Case Information System)

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For Petitioner :- Mr. Parag Kotecha, Advocate For State :- Mr. Dashrath Prajapati, P.L.

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

28.11.2025

1. By way of the present writ petition, the petitioners assail the order dated 22.02.2023 passed by Respondent No. 4, whereby their representations seeking absorption into the Education Department on completion of eight years of service have been arbitrarily rejected. The petitioners submit that in terms of the State Government Policy/Rules, 2018 dated 30.06.2018 and subsequent amendments, an employee who completes eight years of continuous service becomes entitled to absorption with effect from the immediate absorption date, i.e., either 1st January or 1st July of the concerned year, and in the petitioners’ case the effective date should have been 01.07.2018, on which date they had completed eight years of service. However, despite this clear policy mandate, the respondents failed to consider the petitioners’ legitimate claim, and rejected their representations without assigning any cogent reason and in complete disregard of the petitioners’ submissions, thereby violating the principles of natural justice. The impugned order is thus illegal, non-speaking, contrary to the governing policy, and deserves to be set aside with a direction to absorb the petitioners in the Education Department with effect from 01.07.2018.

2. By way of this petition, the petitioner has prayed for following reliefs:-

“i The Hon'ble Court may kindly be please to quash/set aside the order dated 22/2/23.

ii. The Hon'ble Court may kindly be pleased to direct the respondents to reconsider and absorb the petitioner to Education Department, with effect from 1/7/2018 on completion of 8 years of services, by counting pervious service with all consequential benefit, iii. Any other relief which the Hon'ble court deems just and proper in the interest of justice”

3. Facts of the case are that the petitioners were appointed as Shiksha Karmi Grade-II by separate orders dated 29.06.2010 issued by the Chief Executive Officer, Jila Panchayat, South Bastar Dantewada, pursuant to which petitioner No.1 joined on 30.07.2010 and petitioner No.2 joined on 09.07.2010. That, vide order dated 30.06.2018, Respondent No.1 issued a policy providing for absorption of all Teacher Panchayat/Nagri Nikaya employees who had completed eight years of service, followed by a clarification dated 13.07.2018 that where an employee had joined a higher post after obtaining NOC, his/her service shall be counted from the date of joining the lower post; further, by order dated 02.07.2018, it was directed that absorption orders would be issued every year on 1st January a